Losing a family member is never easy, but when someone else’s carelessness causes the person’s death, it can be even harder to face. Under Louisiana civil law, you may be able to hold the negligent party accountable. A wrongful death lawyer from our team can develop a case and help you seek compensation by filing an insurance claim or a lawsuit in Kenner.
If your loved one died due to the injuries they suffered in an accident caused by someone else’s negligence, your family has a right to take legal action. To learn more, you can discuss your case with our Kenner personal injury lawyers in a free consultation.
Recovering Wrongful Death and Survival Action Damages
Financial recovery of damages may not ease the pain of a loved one’s loss. Still, it can allow you to:
- Hold the at-fault party accountable
- Ease your financial stress about losing your loved one’s income and the services they provided to your family
- Help you gain a sense of closure regarding your loved one’s passing
Types of Recoverable Damages in a Wrongful Death Case
When we represent a family who lost a loved one in a wrongful death case, we typically seek damages that include:
- Any remaining medical bills
- Funeral and burial expenses
- Diminished household income because of the loss of a family member
- Loss of the services performed by the deceased
- Intangible losses, including the loss of companionship, guidance, and more
We also often seek other damages for the families we represent through a process known as a survival action. This type of legal action is based on damages your loved one could have recovered if they had survived and filed their own personal injury lawsuit against the at-fault party. In a survival action, your family’s financial recovery may include:
- Medical bills
- Lost wages for days missed at work
- Vehicle repairs, if applicable
- Other property damages
- Pain and suffering damages
- Physical disability
- Intellectual disability
How Much Is My Case Worth?
Our team has helped numerous families recover compensation after the tragic loss of a loved one. To do this, we take into account the factors that make this both an emotionally and financially stressful time. In one case, we were able to secure a $23 million judgment for the wrongful death of our clients’ mother.
There is no such thing as a “typical” case, so we cannot say what the total payout might look like without first knowing the details and specific damages. However, we work hard to secure a fair and just payout for all of our clients.
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How Laborde Earles Injury Lawyers Can Help Your Family
A wrongful death lawyer from Laborde Earles Injury Lawyers may be able to represent your family’s best interests by filing a claim or lawsuit on your behalf in Kenner. We can fight for a fair settlement or represent you at trial, giving you more time to spend with family and focus on working towards a new normal.
We help our clients by:
- Evaluating each case at no cost: Our Laborde Earles Injury Lawyers team reviews wrongful death cases for free. We have compassionate and understanding team members ready to discuss your legal case and how we can help you seek justice now.
- Deferring attorney’s fees: We provide legal services to families who lost a loved one based on contingency fees, so you will not need to pay us attorney’s fees upfront. We get paid only if we secure a settlement or judgment based on your case.
- Calculating each case’s value: By reviewing pertinent evidence, we can tell you exactly how much you should seek for each recoverable damage. Potential sources of evidence include police reports, coroner’s reports, and surveillance video.
- Working hard to pursue damages: We always strive to get a fair settlement for our clients, because getting a settlement is often quicker and less stressful than going to trial. However, we are prepared to go to court if the insurance company will not pay damages any other way.
- Answering all questions: If you ever need clarification or reassurance about an aspect of the case, you can just pick up the phone and call. We are always happy to ease your mind on any legal topic.
We may be able to help your family seek and secure compensation. Our team is ready to hear about your case and discuss your potential recovery options today for free.
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Louisiana Wrongful Death Laws
There are several statutes that come into play in this type of case. Two of them describe separate actions to pursue different types of damages based on your loved one’s death:
- Under CC Art. 2315.2, qualifying survivors can seek wrongful death damages. This statute allows survivors to move forward with legal action when “a person dies due to the fault of another.”
- Under CC Art. 2315.1, qualifying survivors can seek the financial damages that the victim could have recovered if they had survived their injuries and filed a personal injury lawsuit of their own.
- Under CC Art. 2323, qualifying survivors’ ability to collect damages may be limited (though not blocked entirely) by how much responsibility the liable party’s insurance company believes the victim bears for the fatal accident.
At Laborde Earles Injury Lawyers, we know how these cases work and how the laws define eligibility. We can determine who in your family qualifies to take legal action and seek compensation based on your loved one’s death. Your complimentary case assessment awaits.
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Statute of Limitations on Louisiana Wrongful Death Actions
In Louisiana, a one-year time limit is applicable to most personal injury and wrongful death actions, including survival actions. This limit applies to all kinds of fatal accidents, including:
If you do not file your wrongful death lawsuit within this one-year period, you could lose the right to recover compensation for your loved one’s passing.
There are exceptions to this rule, but some of them make the time you have to take action even shorter, such as when the liable party is a parish or other government agency. When you reach out to us in enough time, we can ensure you do not miss any important deadlines in your case.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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Let Our Team Review Your Kenner Wrongful Death Case for Free
A wrongful death lawyer from Laborde Earles Injury Lawyers may be able to demand a fair payout and settle the case. Our team can assess the facts to determine what options are available, and we never charge attorney’s fees unless you get monetary compensation.
Call (504) 777-7777 today to speak to our team about how we can help after your tragic loss. We are ready to go to work on your case.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
